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2014 (11) TMI 650 - ANDHRA PRADESH HIGH COURTInterest on the delayed refund u/s 244A(2) - Held that:- The Act provides for refund of any amount received by the department, in excess of what was due from an assessee, in a particular AY - Section 244-A also provides for payment of interest, in case the refund is delayed - from the payments, that were due, its customers have deducted TDS, being ₹ 3,52,721/- in the financial years 1991-92 and 1992-93 – assessee was entitled for refund or adjustment of the same, only on production of the TDS certificate - The Rules framed under the Act mandate that the adjustment of TDS from the tax payable by an assessee can be made only on production of the certificate, issued by the person or agency, which effected the TDS - In the absence of the same, the department cannot be expected to refund or adjust the amount - The record does not disclose the nature of steps taken by the petitioner for obtaining the TDS certificates, either from the concerned agencies, or even from the department - the occasion to pay interest would have arisen, if only the delay was on the part of the department - Section 244A of the Act itself mandates that, if the delay in refund is attributable to the assessee, wholly or in part, it shall be excluded from the period for which, the interest is payable – it is not the case of the assessee that even after it has submitted the TDS certificates, or the indemnity bond, there was any delay on the part of the department in making the refund –the order of the Tribunal is upheld – Decided against assessee.
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